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Home My WebLink About3002437 ,III ~ . Filed for Record at Request of: 1111111111111111 II 1111 3002437 When Recorded Return to: Page: 2 of 4 82/19/97 82:31P CITY OF BREMER TON DEED $11. 88 Kitsap Co, WA Name Bremerton city Clerk Address 239 Fourth street Bremerton, Washington 98337 3 Parcels (lots) from Kitsap County (West Hills Area Condemnation Purchase) STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, KITSAP COUNTY, a Municipal Corporation, for and in consideration of good and valuable consideration, conveys and warrants to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, state of Washington: EXCISE#oqq~JAN "71991 PARCEL I: BY KITSAP COUN LOT 22, BLOCK 28, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE ,41, RECORDS OF KITSAP COUNTY WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. 991125. STATUTORY WARRANTY DEED -1- K-CQUNTY.SWD - West Hills Closings - 10/16/96 .... , PARCEL II: LOTS 12 AND 23, BLOCK 25, BREMERTON HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT NORTH 10 FEET OF LOT 12; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. 1000761. PARCEL III: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. , IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING 175 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89051'35" EAST 90 FEET; THENCE SOUTH 00002'54" WEST 62 FEET; THENCE SOUTH 89051'35" WEST 90 FEET; THENCE NORTH 00002'54" WEST 62 FEET TO THE POINT OF BEGINNING. DATED this \\ day of t)e <:-@ Yv\. '0 e..r , 1996. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ,/'1 '1'/ ,/ iI- / tec-e.vY\ \0 if' \\ I \ qC{b By:~cM-~!l -;/(~~ Date MATT RY N,' ttIRMAN ATra~ In ~ Nv 1N CLERK OF THE BOARD 1111111111111111 1111 II 3002437 Page: 3 of 4 STATE OF WASHINGTON ) 82/19/97 82:31P : SSe CITY OF BREMERTON DEED $11.88 KitsapCo, WA COUNTY OF KIT SAP ) On this day personally appeared before me Matt Ryan, Commissioner Chairman of the County of Kitsap, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and \\ STATUTORY WARRANTY DEED -2- K-CDUNTY.SWD - West Hills Closings - 10/16/96 _;W . purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said corporation. ~VEN under my hand and official seal this II day of ~../ , 1996. ~~ ~.~ " j. "!i :,_ Notary Public in and fo~ta~f R i -,. \~, f\ c: 'I . /". .' '\"1. ,t~:.. ~ ~ ~ " ..~ " ~ ~ -1 / <4:~ Washington, residing at ~ . ..\{,~".~,,-"~\\O'9-_~~ ~..~o -.~ . My appointment expires: . / - f).,q - (,J.rl(j . ;'::-./~'~ "- ..' _ .+.~ ."" \.(\ -:-:._~~F+) , ~5 ::~ \~OIAli'},::. '. ..', -;:J :....... ::~'c.; .--....-.$ ~ : ~ :,T~ ?~;.:.. ,I': f'JU'r \.\<. :.,..: -~. :: '~'. '. ," V (.:' .,'.c;..:- " 1111111111111111 111111 3002437 -c' ", >\ ....:~_......,..,/~,. Page: 4 of 4 - OF I fr'\\ 82/19/97 82:31P ',_ . \1 , ) \ 'I,:", CITY OF BREMERTON DEED $11. 88 Kitsap COI WA . STATUTORY WARRANTY DEED -3- K-COUNTY.SWD - WGst Hills Closings - 10/16/96 -- r<c.-350~'j~ " REAL ESTATE PURCHASE AND SALE AGREEMENT IN LIEU OF CONDEMNATION THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY. READ CAREFULLY BEFORE SIGNING. THE CITY OF BREMERTON, a Washingto'n municipal corporation, (hereinafter called "Purchaser" ) hereby agrees to purchase and the undersigned Sellers hereby agree to sell the following described real estate located in the City of Bremerton, County of Kitsap, corrunonly known as SEE BELOW , and legally described as follows: SEE APPENDIX "A" TO THIS PURCHASE AGREEMENT 1. PURCHASE PRICE: The total purchase price is TWENTY -TWO THOUSAND, SIX HUNDRED Dollars ($22,600.00) . 2. CONDITION OF TITLE: The title is to be free of all encumbrances or defects except: Rights reserved in federal patents or state deeds, building or use restrictions general to the area, existing easements not inconsistent with Purchaser's intended use, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be dischargE;d by Sellers may be paid out of pu~chase money at date of closing. 3. TITLE INSURANCE: Sellers shall furnish to Purchaser a Washington Land Title Association Standard Form Owner's or Purchaser's Policy of Title Insurance in the amount of the purchase price. Sellers authorize the City Attorney to apply as soon as practical for such title insurance, and as soon as reasonably possible, Purchaser shall be furnished a preliminary corrunitment therefor issued by Land Title Company. (The Sellers shall assume any cancellation fee of such corrunitment or policy.) The title policy to be is~ued shall contain no exceptions other than those provided in said standard form plus encumbrances or defects noted in paragraph 1 above. If title is not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this agreement shall terminate; provided, however, that Purchaser may waive defects in writing and elect to purchase. REAL ESTATE PURCHASE AND SALE AGREEMENT -1- REPSA2.AGT - Agreement Forms - 6/3/96 ~ .. ' ' 4. DEFAULT: If either party defaults (that 1S, fails to perform the acts required of that part y) in that party's contractual performance herein, the non-defaulting party may seek specific performance pursuant to the terms of this agreement, damages, or rescission. 5. PRO-RATION: Taxes for the current year, rents, insurance, interest, water qnd other utilities constituting liens shall be prorated as of date of closing. Purchaser shall pay for remaining oil in fuel tank, the ~mount to be determined by the supplier. 6. POSSESSION: Sellers shall deliver possession to Purchaser on closing, or days after closing. Sellers agree to pay Purchaser the sum of $ for each day of possession beyond date of closing. Possession shall be deemed given when Sellers have vacated the premises and delivered the keys to same to Purchaser or to closing agent. Said payment shall be the sole responsibility of Sellers. 7. CONDITION OF PROPERTY: Purchaser offers to purchase the property in its present condition on the terms noted. Sellers hereby warrant that to the best of their knowledge the premises ciescribed herein and the . improvements thereon do not violate the applicable building or zoning regulations and that they are unaware of any material defect in the premises or improvements thereon wi th the exception of the following, to-wit: None. Purchaser expressly waives the right to require a Sellers Disclosure Statement as required under RCW 64.06.020-040. However, the purchaser agrees to maintain the drainage facilities on parcel with Tax ID Nwnber 4502-025-012-0008 as required to support the surrounding ~roperties. 8. TIME FOR ACCEPTANCE: Purchaser's offer is made subject to acceptance of Sellers on or before Twelve o'clock midnight on . 9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES: The sale shall be closed in the office of the Bremerton City Attorney within 45 days after preliminary commitment for title policy is dellvered showing. title insurable, as above provided, but in any event not later than the day of , 19 , upon which date the agreement shall terminate. The Purchaser and Sellers shall deposit with the Bremerton City REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA2.AGT - Agreement Forms - 6/3/96 , Attorney all instruments, documents and monies necessary to complete the sale in accordance with this agreement. 10. CLOSING COSTS AND PRORATIONS: The Sellers agree to pay for the costs of clearing the Sellers' title to the sale property, including any delinquent property taxes. Any assessments shall be paid by the respective Sellers. Real estate taxes for the year of closing, and utilities constituting liens against the property, shall be prorated as of closing. The owner's standard title insurance policy, real estate excise tax related to the sale property and other closing costs shall be paid by Buyer. II. DATE OF CLOSING: For purposes of this agreement, "date of closing" shall be construed as the date upon which all appropriate documents are recorded and proceeds of this sale are available for disbursement to Sellers. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Sellers. 12. RISK OF LOSS: If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement at option of Purchaser shall become null and void. If Purchaser elects to continue, all insurance proceeds, if any, shall be payable to Purchaser. 13. PERSONAL PROPERTY: All attached floor coverings, attached television antenna, window screens, screen doors, storm windows, storm doors, plumbing and lighting fixtures (except floor, standing, and swag lamps) , shades and venetian blinds, curtain rods, attached bathroom fixtures, trees, plants, shrubbery, water heating apparatus and :fixtures, awnings, ventilating, cooling and heating systems including built in and "drop in" ranges (but exceeding all other ranges) and all other fixtures that are now on the premises shall be included in the sale unless otherwise provided herein. 14. ATTORNEYS' FEES: If either party hereto lS required to retain an attorney to bring suit or seek arbitration to enforce any provisions of this agreement, said party shall be entitled to reasonable attorneys' fees regardless of whether the matter proceeds to judgment or is resolved by defaulting party curing default. REAL ESTATE PURCHASE AND SALE AGREEMENT -3- REPSA2.AGT - Agreement Forms - 6/3/96 ( . . . 15. ENTIRE AGREEMENT: There are no other verbal or other agreements which modify or affect this agreement. Time is of the essence of this agreement. All subsequent modifications or waivers of any condition of this agreement shall be in writing and signed by the appropriate parties. CITY OF BREMERTON <1'- \ -,~ -'1~ BY:~ j d Date L HORTON, Mayor PURCHASER DEP W. EUGENE SAMPLE Dir of Public Works & Utilities ~o FO~: ~IAN ". SIEVERS, City Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, Washington 98337 Purchaser's Phone: (206) 478-5290 ******* On this 9f1. day of a ~. , 1996, The Kitsap County Commissioners whose s.i!gnatures appear below hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the Sellers. REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REP5A2.AGT - Agreement forms - 6/3/96 " CONTRACTOR BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY" WASHINGTON Name, Title ATTEST: ~~. --.... CLERK OF THE BOARD SELLER'S ADDRESS: 614 Division street Port Orchard, WA 98366 REAL ESTATE PURCHASE AND SALE AGREEMENT -5- REPSA2.AGT - Agreement Forms - 6/3/96 " " . . ******* A true copy of the foregoing agreement signed by Sellers is ltereby received on . q-f~ ~. IAN ~EVERS Bremerton City Attorney\ Agent for Purchaser Received for Filing: ~ \\k. . Kathleen L. City Clerk REAL ESTATE PURCHASE AND SALE AGREEMENT -6- REPSA2.AGT - Agreement Forms - 6/3/96 _ t. , .. . . APPENDIX "A" TO PURCHASE AGREEMENT BETWEEN KITSAP COUNTY AND CITY OF BREMERTON PROPERTIES OWNED BY KITS~ COUNTY IN VICINITY OF WASTEWATER TREATMENT PLANT TAX ID NUMBER: 4502-025-012-0008 BREMERTON HEIGHTS LOTS 12 AND 23, EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY, PER AUDITOR'S FILE NO. 1000761; AND EXCEPT THE NORTH 10 FEET OF SAID LOT 12; ALL IN BLOCK 25, BREMERTON HEIGHTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41. TAX ID NUMBER: 4502-028-022-0000 BREMERTON HEIGHTS BLK 028 ~OT 22 EX ELY PT TO ST HWY TAX ID NUMBER: 222401-3-004-2001 SECTION 22 TOWNSHIP 24 RANGE 01 BEG 175 FT S OF NW COR OF SW1/4 SW1/4 N 89*51'35" E 90FT S 0*2'54" W 62FT S 89*51'35" W 90FT N 0*2'54" W 62 FT TB. . . . . e .' . .' . APPENDIX "A" TO PURCHASE AGREEMENT BETWEEN KITSAP COUNTY AND CITY OF BREMERTON PROPERTIES OWNED BY KITSAP COUNTY IN VICINITY OF WASTEWATER TREATMENT PLANT TAX ID NUMBER: 4502-025-012-0008 BREMERTON HEIGHTS LOTS 12 AND 23, EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY, PER AUDITOR'S FILE NO. 1000761; AND EXCEPT THE NORTH 10 FEET OF SAID LOT 12; ALL IN BLOCK 25, BREMERTON HEIGHTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41. TAX ID NUMBER: 4502-028-022-0000 BREMERTON HEIGHTS BLK 028 LOT 22 EX ELY PT TO ST HWY TAX ID NUMBER: 222401-3-004-2001 SECTION 22 TOWNSHIP 24 RANGE 01 BEG 175 FT S OF NW COR OF SW1/4 SW1/4 N 89*51'35" E 90FT S 0*2'54" W 62FT S 89*51'35" W 90FT N 0*2'54" W 62 FT TB. ,